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ESTELLE v. BOARD OF EDUCATION OF BOROUGH OF RED BANK

14 N.J. 256 (1954)

102 A.2d 44

HARRY ESTELLE, PLAINTIFF-RESPONDENT, v. BOARD OF EDUCATION OF THE BOROUGH OF RED BANK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 11, 1954.

Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for the appellant (Messrs. Durand, Ivins & Carton, attorneys).

Mr. John A. Laird argued the cause for the respondent (Mr. Thomas F. Shebell, attorney).

The opinion of the court was delivered by VANDERBILT, C.J.

The plaintiff was employed as a janitor in one of the defendant's schools for over 25 years and among his duties was that of tending the furnaces. Although the boilers had been hand-fired with hard coal for many years, in 1934 a motor stoker system was installed and thereafter soft coal was used in a semi-automatic system, the coal being shovelled into a hopper by a janitor from a large coal bin adjacent to...

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